Practice Area

Wage & Hour Violations

Unpaid overtime, missed meal & rest breaks, off-the-clock work, misclassification, and final pay violations.

Overview

California has some of the strongest wage and hour protections in the country. Employers are required to properly pay employees for all hours worked and comply with laws governing overtime, meal and rest breaks, minimum wage, reimbursements, wage statements, and final pay. We represent employees who were denied wages they rightfully earned, pressured to work off-the-clock, denied legally required breaks, improperly classified, or otherwise subjected to unlawful pay practices.

Section 01

Common Wage & Hour Violations

Wage violations often go undetected — many employees don't realize their rights are being violated. Common violations include unpaid overtime; failure to provide meal or rest breaks; off-the-clock work; failure to pay minimum wage; unpaid commissions or bonuses; failure to reimburse business expenses; illegal paycheck deductions; improper employee classification; failure to provide accurate wage statements; and failure to timely pay final wages upon termination. Employers may attempt to minimize labor costs by requiring employees to work through breaks, perform work before or after shifts, remain on-call without compensation, or complete tasks off-the-clock.

Section 02

Overtime Violations

California requires overtime pay for non-exempt employees who work more than eight hours in a workday, forty hours in a workweek, or certain consecutive workdays. Employers sometimes improperly classify employees as 'exempt' managers or salaried employees to avoid paying overtime — but simply paying a salary or giving a managerial title does not automatically eliminate overtime protections. Common overtime violations include unpaid overtime hours, off-the-clock work, automatic meal deduction policies, misclassification as exempt, altered time records, or pressure not to report overtime hours.

Section 03

Meal & Rest Break Violations

California employers are generally required to provide legally compliant meal and rest breaks to non-exempt employees. Violations occur when employers require employees to work through breaks, interrupt breaks with work duties, discourage employees from taking breaks, fail to relieve employees of all duties during meal periods, or maintain workloads making breaks impossible. Employees may be entitled to premium pay when legally compliant breaks are not provided.

Section 04

Employee Misclassification

Some employers improperly classify workers as exempt employees or independent contractors to avoid paying overtime, providing breaks, reimbursing expenses, or complying with other labor laws. Whether an employee is properly classified depends on the actual job duties performed — not merely the title or contract designation the employer uses.

Section 05

Final Pay & Wage Statement Violations

California law imposes strict requirements regarding final paychecks and wage statements. Terminated employees are generally entitled to timely payment of all earned wages, including accrued vacation. Violations include late final paychecks, missing wages or vacation pay, inaccurate wage statements, failure to list hours worked properly, improper deductions, or failure to provide legally compliant pay records. Employees may be entitled to substantial additional penalties when employers fail to comply.

Signs you may have a claim

What this looks like in real workplaces.

Working through breaks or unable to take them
Off-the-clock work (pre-shift setup, post-shift cleanup, after-hours email)
Misclassified as 'salaried' or 'exempt' to avoid overtime
Unreimbursed business expenses (mileage, phone, supplies)
Late or missing final paycheck
Wage statements missing hours, rates, or required information
Pressured not to report overtime hours actually worked

Applicable Law

The statutes we use to fight back.

California Labor Code (Wage Orders)

Sets overtime, meal and rest break, minimum wage, and reporting time requirements. Industry-specific Wage Orders add additional protections.

Private Attorneys General Act (PAGA)

Allows employees to pursue civil penalties on behalf of the state for Labor Code violations.

Fair Labor Standards Act (FLSA)

Federal floor for minimum wage and overtime. California law is generally more protective.

What you may recover

Damages we pursue.

Unpaid wages and overtime
Liquidated damages (doubling unpaid minimum wages)
Meal and rest break premiums (one hour of pay per missed break)
Waiting time penalties (up to 30 days of wages)
Wage statement penalties and PAGA penalties
Attorney's fees and costs

Frequently Asked

Questions about wage & hour violations.

I'm salaried — am I really entitled to overtime?

Likely yes. Salary status alone doesn't make you exempt. To be exempt, you must meet specific duties tests AND earn at least double minimum wage. Many salaried workers are misclassified.

Can I bring a wage claim if I'm still employed?

Yes. Retaliation for asserting wage rights is itself illegal. Many of our wage cases come from current employees.

How far back can I recover?

Generally three to four years for wages, and up to one year for some PAGA penalties. We push to maximize the recovery window.

Free consultation

Talk to us about your situation.

Every case is different. The only way to know what yours is worth is to talk to a lawyer who handles these matters every day.

Free consultation
No-obligation, no pressure conversation
No fee unless we win
Contingency fee — you pay nothing up front
Discreet & private
We treat every consultation with care and discretion